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VEHICLES(625 ILCS 5/) Illinois Vehicle Code.

625 ILCS 5/Ch 18C Sub 5 Art II

(625 ILCS 5/Ch 18C Sub 5 Art II heading)

ARTICLE II. RESOLUTION OF HOUSEHOLD GOODS DISPUTES

625 ILCS 5/18c-5201

(625 ILCS 5/18c-5201)(from Ch. 95 1/2, par. 18c-5201)Sec. 18c-5201. Application of Article. The provisions of this Article apply to the collect-on-delivery
transportation of household goods for non-commercial use where:(1) The dispute relates to the propriety of charges for services
rendered or loss of or damage to lading from the loading,
unloading, or transportation thereof;(2) The movement to which the dispute relates was between points
in the State of Illinois; or(3) Either the movement was made under authority issued by the
Commission or the movement was such that it could have been
lawfully made only under authority issued by the Commission.(Source: P.A. 84-796.)

625 ILCS 5/18c-5202

(625 ILCS 5/18c-5202)(from Ch. 95 1/2, par. 18c-5202)Sec. 18c-5202. Commission to prescribe dispute resolution procedures. (1) Within 180 days after the effective date of this amendatory Act of 1995,
the Commission shall propose rules specifying the procedures by which disputes
between carriers and shippers to which this Sub-chapter is applicable will be
resolved. Upon adoption, the rules will be applicable to all household goods
carriers.(2) Standards for dispute resolution procedures. The rules adopted by the
Commission
shall be calculated to provide for the objective, expeditious, and inexpensive
resolution of household goods disputes, and shall include, without limitation,
provisions dealing with: the location of any required hearings; required
notifications; whether participation in a dispute resolution procedure is
mandatory; and how the fees and costs of the procedures shall be distributed.
To the extent authorized by Commission rules, procedures adopted under
this Article may specify that dispute resolution services will be provided by
the Commission, and in accordance with procedural rules adopted by the
Commission.(3) Grounds for Resolution of Household Goods Disputes.
A dispute under this Article shall be resolved adverse to the
carrier if:(a) The carrier assessed a rate not contained in a

lawfully applicable tariff or tariffs for such services;

(b) The carrier failed to fully apprise the shipper,

prior to execution of any contract or contract amendment covering the services, of the lawful rates and charges for such services;

(c) Damages to lading occurred during the loading,

transportation, or unloading of the shipments, or rendition of any accessorial service by the carrier, its employees or agents, without regard to negligence or fault, and the shipper did not elect in writing to assume liability for all or part of such damages.

(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-5203

(625 ILCS 5/18c-5203)(from Ch. 95 1/2, par. 18c-5203)Sec. 18c-5203. Award of Attorneys Fees. (1) Award to Complaining Shipper.
In any court action to resolve a dispute within the scope of
this Article, the court shall award reasonable attorney's
fees to the complaining shipper if:(a) The shipper submitted a claim to the carrier

procedure was available for use by the shipper at the time the court action was initiated; or

(ii) (Blank).(iii) The court action was to enforce a timely

decision rendered under the dispute resolution procedures specified by the Commission under this amendatory Act of 1995.

(2) Award to carrier.
In any court action to resolve a dispute within the scope of
this Article, the court may award reasonable attorney's fees
to the carrier if the shipper brought the action in bad faith
after submitting the dispute for resolution under the dispute resolution
procedures specified by the Commission.(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-5204

(625 ILCS 5/18c-5204)(from Ch. 95 1/2, par. 18c-5204)Sec. 18c-5204. Investigation of Practices of Household Goods
Carriers.
The Commission may, on its own motion or on complaint, conduct an
investigation to determine whether a household goods carrier has,
with or without the license required under Sub-chapter 4 of this Chapter,
engaged in a pattern or practice of underestimating freight
charges for household goods shipments, or has otherwise violated
provisions of this Chapter, Commission regulations or orders, and may
invoke any or all sanctions provided for in Article VII of
Sub-chapter 1 of this Chapter against the carrier if such a pattern or
practice,
or any other violation, is found to have occurred.(Source: P.A. 90-89, eff. 1-1-98.)

625 ILCS 5/18c-5205

(625 ILCS 5/18c-5205)(from Ch. 95 1/2, par. 18c-5205)Sec. 18c-5205. Applicability of Article. This Article applies to
disputes arising from transactions which occur at least 180 days after the
effective date of this amendatory Act of 1985.(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 5 Art III

(625 ILCS 5/Ch 18C Sub 5 Art III heading)

ARTICLE III. NON-RELOCATION TOWING

625 ILCS 5/18c-5301

(625 ILCS 5/18c-5301)(from Ch. 95 1/2, par. 18c-5301)Sec. 18c-5301. Application of Article. The provisions of this Article
shall apply to non-relocation towing. Where the provisions of this
Article conflict with any other provisions in this Chapter, the
provisions of this Article shall govern.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5302

(625 ILCS 5/18c-5302)(from Ch. 95 1/2, par. 18c-5302)Sec. 18c-5302. Commission to Adopt Special Rules. (1) General Provisions. The Commission shall, within 180 days after the
effective date of this Article, have finally adopted special forms and
regulations applicable to non-relocation towing. Such regulations shall
encompass definitions of terms, licensing, ratemaking, record-keeping,
insurance or surety coverage, fees, and such other provisions as are necessary
to effectuate the purposes of this Article. Such regulations shall be
consistent with the provisions of this Article and shall implement such
provisions with regard to non-relocation towing in a manner which recognizes
the special circumstances and conditions which pertain to non-relocation towing
as distinguished from other forms of motor carriage of property.(2) Towing at Owner's Request. The Commission shall, within 60 days from
July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois
Administrative Procedure Act which implement the provisions of this Chapter
dealing with the exemption of non-relocation towing at the request of the
vehicle owner.(Source: P.A. 88-45.)

625 ILCS 5/18c-5303

(625 ILCS 5/18c-5303)(from Ch. 95 1/2, par. 18c-5303)Sec. 18c-5303. The Fitness Test. (1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:(a) A summary statement of net worth;(b) A listing of applicant's drivers and any persons who assist or supervise drivers;(c) A description of equipment to be used in providing service under the license;(d) A statement that the applicant has not:(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and(h) Proof of insurance in compliance with Commission regulations and orders.(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.(3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5304

(625 ILCS 5/18c-5304)(from Ch. 95 1/2, par. 18c-5304)Sec. 18c-5304. The Public Need/Public Convenience and Necessity Test. Applicants for non-relocation towing licenses may establish, and other
parties may rebut, a prima facie showing of public need/public convenience and
necessity by the following evidence:(1) Existing Towing Companies.(a) Evidentiary Standard.
Any person engaged in non-relocation towing between July 1, 1985 and
January 1, 1986 may establish a prima facie showing of public convenience
and necessity to the extent of such operations by submitting a statement:(i) Affirming that the person was engaged in non-relocation during the
foregoing time period; and(ii) Describing its operations during such period.(b) Extent of Existing Operations. The extent of the applicant's operations shall
be presumed to encompass non-relocation towing within the following
territory, unless otherwise shown on the record:(i) Movements within a 50 mile radius of the applicant's principal place
of business in Illinois; and(ii) Movements from points within the foregoing radius to points in
Illinois, and vice versa.(c) Deadline for Filing Applications. Applications under this
subsection must be filed within 9 months after the effective date of this
amendatory Act of 1986, or by July 1, 1987, whichever is later.(2) New Towing Companies and Extension of Existing Company Operations.
Applications for non-relocation towing licenses need not be supported by
shippers intending to use the carrier's service if other evidence of public
need/public convenience and necessity is offered by carrier witnesses,
non-carrier witnesses from other than
shippers intending to use the carrier's service, or others.(3) Rebuttal of Prima Facie Showing of Public Need/Public Convenience and Necessity.
A prima facie showing of public need/public convenience and necessity may be rebutted
by other evidence of record, either from the applicant or otherwise.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5305

(625 ILCS 5/18c-5305)(from Ch. 95 1/2, par. 18c-5305)Sec. 18c-5305. Hearings in Non-Relocation Towing Authority Cases. (1) Hearings on Fitness Required. Hearings on applications for
non-relocation towing licenses shall be governed by the provisions of
Section 18c-2101 of this Code, with regard to the issue of fitness; and by
the provisions of subsection (2) of Section 18c-2102 of this Code, with
regard to the issue of public need/public convenience and necessity. Hearings
in other
non-relocation towing cases shall be governed by the provisions of Section
18c-2102 of this Code.(2) Setting and Conduct of Licensing Hearings.(a) Regional Hearings. Hearings on applications for non-relocation
towing licenses shall be consolidated and conducted regionally for the
convenience of the parties. Where practicable:(i) Hearings shall be conducted at a location not more than 50 miles
from the principal place of the applicant's business;(ii) The Commission shall schedule joint hearings at each regional location.(b) Scheduling of Hearings. Hearings on applications for non-relocation
towing licenses shall be scheduled and concluded so as to minimize
inconvenience to the parties. Where practicable, hearings on an
application shall be concluded in a single day, unless:(i) Continuance is required for the applicant to produce evidence of its fitness; or(ii) A petition for leave to intervene in opposition is properly filed and granted.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5306

(625 ILCS 5/18c-5306)(from Ch. 95 1/2, par. 18c-5306)Sec. 18c-5306. Denial, Suspension, or Revocation of Licenses. If, at
any time during or after adjudication of a non-relocation towing license
application, there exists an issue with regard to the fitness of the
applicant, the Commission may suspend any temporary license granted to the
applicant. If the
applicant is not shown to be fit, the Commission shall revoke the temporary
license and deny the application for a permanent license. If, at any time
subsequent to the grant of a permanent license, the holder is determined to
be unfit, the Commission shall suspend or revoke the license. Suspension
or revocation shall be after notice and hearing, absent waiver of same by
respondent, as provided for other than motor carrier of property authority
cases under Section 18c-2102 of this Code.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5307

(625 ILCS 5/18c-5307)(from Ch. 95 1/2, par. 18c-5307)Sec. 18c-5307. False Statements by Applicant. Any false statement of
a material fact by an applicant shall be grounds for denial or revocation of a license.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5308

(625 ILCS 5/18c-5308)(from Ch. 95 1/2, par. 18c-5308)Sec. 18c-5308. Intervention in Opposition to Non-Relocation Towing
applications.
(1) Filing Fee for Petitions for Leave to Intervene in Opposition. The
Commission shall prescribe a filing fee of not less than $100 for each
petition for leave to intervene in opposition in a non-relocation towing
authority case.(2) Standing to Participate and Intervene. Any person with evidence
relating to the fitness of an applicant for a non-relocation towing license
may be permitted, at the discretion of the examiner, to present such
evidence at hearing. The provisions of paragraph (a) of subsection (2) of
Section 18c-2106 of this Code shall not apply to persons filing petitions
for leave to intervene in opposition to non-relocation towing license
applications, unless the issue of public need/public convenience and necessity
is
controverted by such persons at hearing.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5309

(625 ILCS 5/18c-5309)(from Ch. 95 1/2, par. 18c-5309)Sec. 18c-5309. Ratemaking. Unless otherwise specified in the tariff,
rates applicable to non-relocation towing shall be the maximum rates which
may be charged by carriers participating in the tariff for such service.(Source: P.A. 84-1311.)

625 ILCS 5/18c-5310

(625 ILCS 5/18c-5310)(from Ch. 95 1/2, par. 18c-5310)Sec. 18c-5310. Insurance. (1) Implied Garagekeeper's Liability. The filing of a form E
certificate of insurance shall constitute a representation by the insurance
company that the underlying insurance policy includes, with regard to
non-relocation towing, liability for damage to vehicles in
the custody of the non-relocation towing company, whether in transit or
otherwise, in an amount not less than the amount of cargo insurance
required under Commission regulations and orders, unless otherwise
specified by the insurance company on the form E certificate of liability insurance.(2) Filing Proof of Cargo Insurance. Except where the form E
certificate of liability insurance indicates, in accordance with subsection
(1) of this Section, that garagekeeper's liability
is not covered by the underlying policy of insurance, a non-relocation
towing company shall not
be required to file proof of cargo insurance for the transportation of vehicles.(Source: P.A. 84-1311.)

625 ILCS 5/Ch. 18C Sub-ch. 6

(625 ILCS 5/Ch. 18C Sub-ch. 6 heading)

SUB-CHAPTER 6. MOTOR CARRIERS OF PASSENGERS

625 ILCS 5/Ch 18C Sub 6 Art I

(625 ILCS 5/Ch 18C Sub 6 Art I heading)

ARTICLE I. GENERAL PROVISIONS GOVERNING

MOTOR CARRIERS OF PASSENGERS

625 ILCS 5/18c-6101

(625 ILCS 5/18c-6101)(from Ch. 95 1/2, par. 18c-6101)Sec. 18c-6101. Scope of Commission Jurisdiction. Except as provided in Section 18c-6102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
passengers operating within the State of Illinois.(Source: P.A. 84-796.)

625 ILCS 5/18c-6102

(625 ILCS 5/18c-6102)(from Ch. 95 1/2, par. 18c-6102)Sec. 18c-6102. Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as provided
in Section 18c-6501 of this Chapter, apply to:(1) carriers owned by any political subdivision, school district,
institution of higher education, or municipality, and operated either by
such political subdivision, institution of higher education, or
municipality or its lessee or agent;(2) commuter vans as defined in this Code;(3) carriers transporting passengers without fixed routes or
schedules and charging on a time or distance basis, including
taxicabs, charter operations, and contract bus operations;(4) carriers transporting passengers with fixed routes and schedules
and charging on a per passenger fixed charge basis and which do not include
an airport as a point to be served on the route, in whole or in part;(5) transportation in vehicles with a manufacturer's rated
seating capacity of less than 8 persons, including the
driver;(6) transportation subject to the Ridesharing Arrangements Act;(7) commuter buses offering short-haul for-hire regularly scheduled
passenger transportation service within metropolitan and suburban areas,
over regular routes with fixed schedules, and utilized primarily by
passengers using reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from their places of
employment; and(8) those persons owning and operating school buses, as defined in this
Code, and regulated by other provisions of this
Code.(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)

625 ILCS 5/18c-6103

(625 ILCS 5/18c-6103)(from Ch. 95 1/2, par. 18c-6103)Sec. 18c-6103. Unlawful Operations. Except as provided in Article I of this Sub-chapter, and subject
to the provisions stated herein, no person shall:(1) Operate as a motor carrier of passengers unless the person
possesses a valid license authorizing such operations.(2) Provide service at rates other than those contained in
lawfully applicable tariffs for such service;(3) Otherwise operate as a motor carrier of passengers in
violation of any provision of this Chapter, Commission regulations
and orders, or any other law of this state; or(4) Aid or abet any other person in a violation of this Chapter,
Commission regulations or orders, by soliciting or receiving,
or by compensating service from a person not authorized to
provide such service, or at other than lawful rates for such
service, or otherwise.(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 6 Art II

(625 ILCS 5/Ch 18C Sub 6 Art II heading)

ARTICLE II. LICENSING

625 ILCS 5/18c-6201

(625 ILCS 5/18c-6201)(from Ch. 95 1/2, par. 18c-6201)Sec. 18c-6201. Requirements for issuance of licenses. (1) General
requirements. Except as provided in subsection (2) of this Section, the
Commission shall grant an application for a motor carrier of
passengers license, in whole or in part, to the extent that
it finds that the application was properly filed, a need for
the proposed service exists, the applicant if fit, willing,
and able to provide the service in compliance with this Chapter,
Commission regulations and orders, absent a showing that
issuance of the license would be inconsistent with the public
interest. Otherwise, the application shall be denied. In
determining whether issuance of a motor carrier of passengers
license would be inconsistent with the public interest, the
Commission shall consider:(a) the value of competition which would result from

issuance to the travelling public;

(b) the effect of issuance on motor carrier of

passengers service to small communities;

(c) the effect of issuance on the ability of any

other carrier to provide a substantial portion of the passenger service such carrier provides over its entire system, except that diversion of revenue or traffic from a carrier in and of itself shall not be sufficient to support a finding that issuance of the license would impair the ability of the other carrier to provide a substantial portion of the passenger service such carrier provides over its entire system; and

(d) any other factor relevant to the public interest.(2) Motor carriers of passengers providing service to or from
airports. The Commission shall grant an application for a motor carrier
of passengers license authorizing service along any route
where an airport is a point to be served on the route, in
whole or in part, to the extent that it finds that the
application was properly filed, a need for the proposed
service exists, the applicant is fit, willing, and able to
provide the service in compliance with this Chapter, Commission
regulations and orders, and the public convenience and
necessity requires issuance of the license. Otherwise, the
application shall be denied. The provisions of this
subsection shall be construed to impose the same entry
requirements as were previously applicable under Section 55
of "An Act concerning public utilities", approved June
29, 1921, as amended.(Source: P.A. 85-553.)

625 ILCS 5/18c-6202

(625 ILCS 5/18c-6202)(from Ch. 95 1/2, par. 18c-6202)Sec. 18c-6202. Other Provisions Relating to Licensing and
Registration.
Provisions in Articles II, III, and IV of Sub-chapter 4 of this Chapter,
governing the suspension, revocation, and transfer of motor
carrier of property licenses, the registration of interstate
motor carriers of property shall likewise govern motor carriers of passengers as if
all references therein were to motor carriers of passengers.(Source: P.A. 85-553.)